- 1 - NC: 2025:KHC:11213 CRL.P No. 3467 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3467 OF 2025 BETWEEN: SRI N.G. PRASANNA(A-3/4) S/O. GURUMALLAPPA AGED ABOUT 54 YEARS R/AT 'MATHRUSHREE NILAYA' NEAR MANJUNATHA TEMPLE 2ND CROSS, MANJUNATHA NAGAR KYATASANDRA POST, TUMAKURU TUMAKURU DISTRICT PIN - 572 104. …PETITIONER (BY SRI R.V. SHIVANANDA REDDY, ADV.) AND: THE STATE OF KARNATAKA BY KYATSANDRA POLICE, TUMAKURU REPTD.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 56 002. …RESPONDENT (BY SMT. N. ANITHA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.56/2025, REGISTERED BY KYATSANDRA POLICE TUMAKURU DISTRICT, PENDING ONT HE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC AT TUMAKURU, FOR THE OFFENCE P/U/S 108 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11213 CRL.P No. 3467 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.4 in Crime No.56/2025 registered by Kyathasandra Police Station, Tumakuru District, for the offences punishable under Section 108 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.56/2025 was registered by Kyathasandra Police Station, Tumakuru District, for the aforesaid offence against Suprim and others based on the first information dated 21.02.2025 received from Shashikala who is the wife of deceased Anjan Murthy. During the course of investigation, petitioner herein who was arrayed as accused no.3 in the FIR, as arrested on 22.02.2025, and in the remand application, he has been arrayed as accused no.4. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.298/2025 as rejected on 07.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:11213 CRL.P No. 3467 of 2025 4. Perusal of the material on record would go to show that deceased Anjan Murthy had borrowed money from multiple people and also from financial institutions. He had committed suicide on 21.02.2025 and before committing suicide, he had recorded a video and forwarded the same to his wife. It is only based on the said video, the first informant who is the wife of the deceased, has approached the police. 5. In the first information, it is stated that her husband has mentioned in the video recording that he had borrowed money and was not in a position to repay the same. The financiers were causing problems to him and it is under these circumstances, he had decided to commit suicide. Petitioner, aged about 54 years, having no criminal antecedents is in custody from 22.02.2025. It is stated in the first information that deceased had borrowed a sum of Rs.50,000/- from the petitioner and petitioner allegedly was demanding repayment of the same. Merely for the reason that a person has made a demand for repayment of loan borrowed, if the borrower has committed suicide being unable to repay the debt incurred, it cannot be said that the person who made the demand for payment for repayment of loan is liable to be held guilty for the - 4 - NC: 2025:KHC:11213 CRL.P No. 3467 of 2025 offence punishable under Section 108 of BNS, 2023. The necessary ingredients for invoking the offence under Section 108 of BNS, 2023, is manifestly absent in the present case. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.56/2025 registered by Kyathasandra Police Station, Tumakuru District, for the offences punishable under Section 108 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - NC: 2025:KHC:11213 CRL.P No. 3467 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE KK